Opinion
Case No. 1:09-CV-01839 SMS
10-14-2011
DANIEL DELGADO, Plaintiff, v. ORCHARD SUPPLY HARDWARE CORPORATION, SAVE MART SUPERMARKETS, INC., and Does 1 - 10, Defendants.
CALL & JENSEN A Professional Corporation Matthew R. Orr Michael S. Orr By: Michael S. Orr Attorneys for Defendant Orchard Supply Hardware Corporation MOORE LAW FIRM, P.C. By: Tanya E. Moore Attorneys for Plaintiff Daniel Delgado
Matthew R. Orr, Bar No. 211097
Michael S. Orr, Bar No. 196844
CALL & JENSEN
Attorneys for Defendant
Orchard Supply Hardware Corporation
JOINT STIPULATION TO SET TRIAL DATE AND PRETRIAL DEADLINES; AND ORDER
WHEREAS, the Court issued a Pretrial Order on September 21, 2011 ("Pretrial Order") setting a trial date of October 31, 2011 and establishing various pretrial deadlines;
WHEREAS, after the Pretrial Order was issued, the Parties consented to this matter being tried by United States Magistrate Judge Barbara A. McAuliffe; and
WHEREAS, on September 28, 2011, this Court ordered the Parties to submit a stipulation and proposed order setting a new trial date and modifying the additional pretrial dates established in the Pretrial Order.
THEREFORE, the Parties have agreed to a December 12, 2011 trial date and the following pretrial deadlines:
Exhibit exchange: November 4, 2011
Exhibit conference by: November 11, 2011
Serve proposed jury instructions and verdict forms: November 18, 2011
Conduct conference re: jury instructions: November 30, 2011
File and serve trial brief: December 2, 2011
File all agreed-on jury instructions and special verdict form with disputed
additions clearly marked: December 5, 2011
File and serve list of pre-marked exhibits: December 7, 2011
Submit pre-marked exhibits to the Clerk's office: December 7, 2011
File joint neutral statement of the case: December 7, 2011
File proposed jury voir dire: December 8, 2011
Trial date: December 12, 2011
WHEREAS, Mark Bringuel is no longer employed by OSH and therefore OSH will amend its trial witness list to replace Mr. Bringuel with Ms. Anita Haws as its representative at trial;
WHEREAS, Plaintiff has requested to take Ms. Haws's deposition before the Parties are required to file motions in limine;
WHEREAS, the Parties have agreed that Ms. Haws's deposition will take place on October 20, 2011; and
WHEREAS, pursuant to this Court's September 30, 2011 Order, motions in limine were to be filed no later than October 19, 2011;
THEREFORE, the Parties have agreed and hereby stipulate to modify the motion in limine schedule as follows to allow Plaintiff to complete the deposition of Ms. Haws before motions in limine are filed:
File and serve motions in limine: November 1, 2011
File and serve oppositions to motions in limine: November 10, 2011
Hearing on motions in limine: November 22, 2011, or an alternate date that is convenient for this Court
CALL & JENSEN
A Professional Corporation
Matthew R. Orr
Michael S. Orr
By: Michael S. Orr
Attorneys for Defendant Orchard Supply
Hardware Corporation
MOORE LAW FIRM, P.C.
By: Tanya E. Moore
Attorneys for Plaintiff Daniel Delgado
ORDER
The Parties having stipulated and good cause appearing,
IT IS HEREBY ORDERED that the Court's Pretrial Order issued September 21, 2011 be modified as follows:
Exhibit exchange: November 4, 2011
Exhibit conference by: November 11, 2011
Serve proposed jury instructions and verdict forms: November 18, 2011
Conduct conference re: jury instructions: November 30, 2011
File and serve trial brief: December 2, 2011
File all agreed-on jury instructions and special verdict form with disputed
additions clearly marked: December 5, 2011
File and serve list of pre-marked exhibits: December 7, 2011
Submit pre-marked exhibits to the Clerk's office: December 7, 2011
File joint neutral statement of the case: December 7, 2011
File proposed jury voir dire: December 7, 2011
Jury Trial date: December 12, 2011 at 9:00 AM in Courtroom 8 (BAM)
IT IS HEREBY FURTHER ORDERED that this Court's September 30, 2011 Order be modified as follows:
File and serve motions in limine: November 1, 2011;
File and serve oppositions to motions in limine: November 10, 2011; and
Hearing on motions in limine: November 22, 2011 at 10:00 AM in Courtroom 8
(BAM) before Judge McAuliffe.
IT IS SO ORDERED.
SANDRA M. SNYDER
United States Magistrate Judge